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City Council - 12/10/1974 MINUTES EDEN PRI.IRIE CITY COUNCIL TUESDAY, DECEMBER 109 1974 7:30 PM, CITY HALL COUNCIL 1.=, ERS : Mayor D. W. Osterholt , Joan Meyers, John McCulloch, Sidney Pauly, Wolfgang Penzel COUNCIL STAFF: City Manager Robert P. Heinrich City Attorney Harlan Perbix; Clerk- Finance Director John Franc ; Planner Dick Putnam; Director of Community Services Marty Jessen, Engineer Carl Jullie Invocation was given by Mr. Penzel. Pledge of Allegiance. Roll Call. I. MINUTES OF REGULAR MEETING HELD NOVEMBER 261 1974. Pg. 4, Para. 11, insert t°storm" in front of "sewer system". Pg. 5, Para. 79 correct to read: "Mr, Robert Willis:ms , Chairman of Human Rights Commission, presented this matter to Council. He stated the Commission recommends a change in Ordinance 135 so group care homes for retarded adults could be established in Edcn Prairie without all the difficulties encountered in Richfield.. He stated the Commission would like to see a, , ," Meyers moved to approve the minutes as corrected and published, McCulloch seconded. Penzel abstained, Motion carried. MINUTES OF REGULAR MEETING HELD DECOMER 3 . 1974. Pg. 19 II.A .1. 9 Para. 2, delete "staff". Pg. 2, Para. 2, delete "criterion", insert "criteria", Pg. 39 Para. 59 delete "hearing", insert "meeting" . Pg. 3 , Para. 69 delete first sentence, insert "Mr. Jessen stated the Park and Rcc.. Commission had a meeting on this matter Nov- cnbcr 26.1; Delete sentence beginning with "He stated,* .", insert "He stated if the park were to be owned by the Hennepin County Park Reserve District , it would require changes in the original plans. It could not be used for community playfields ." Pg. 3 , Para. $, insert "approved" after "plan". Pg. 4, Para. 60 add "Mr. Heinrich said the information could be made readily available." Meyers moved to approve the minutes as corrected and published, Penzel seconded. Motion carried unanimously. Council Minutes -2- December 10, 1974 II. PUBLIC HEARINGS: A . Continued 2ublic hearing on sanitarX sewer and watermain imr, ovements a ona uc Lake raz within t e oc an urn tion a on T.H. 101 south oT Ducktake Trail, an on Lotus view Drives PrioieZEFSAN - - - "TR - - - , eso u i.on o. 917. Mr. Jullie stated, in the Lochanburn Addition, seven property owners want concrete curb and gutters, two want it if cost limited to $5209 fourteen did not want it and thirteen did not respond to the questionnaire sent out to the residents. The sewer and water project was accepted favorably. The City Engineer ineer then explained concrete curb and p gutters are the best type as they prolong the life of bituminous road- ways. The City requires them in all new sections. On Lotus View Road, four out of eleven residents wanted sewer and water. One wanted Lotus View Road paved. All were opposed to concrete curb and gutters. One resident d said sewer and water was badly needed. Mr. Penzel asked about the direction of drainage question which was brought up at the November 26 Council meeting. Mr. Jullie said the residents were correct , the drainage was different than originally presented and that there is a culvert in the area not previously seen. Mr. Husby explained the proposed assessments for the lateral. The City"s share would be about $269000 unless another route could be used which would save the City $13 ,000. Mrs. Pauly asked Mr. Jullie if he thought they would receive any more responses to the questionnaire sent out and he didn't think so. l.r. Scroggins told the Council he could not afford sewer and water as he owned about four or five acres and would be assessed for more than one REC. Mrs . Meyers asked Mr. Jullie about the proposed bituminous overlay on Duck Lake Trail. He explained it was done under unfavorable conditions and now needed some overlay to bring the crowns up for proper drainage. It was not torn up at the time due to the expense involved. Mr. John Blomberg, owner of land south of Duck Lake Trail and Highway 101, asked how this proposal would affect his land. He stated the lateral was not needed and questioned if his land would benefit from it and be saleable. Mr. Jullie said there could be some additional assessment. Mr. Dan Chalich asked about curb and gutter in Lochanburn and stated this meeting was supposed to be scheduled for the first meeting in January, not December. Also, why the i s Council minutes -3- December 10, 1974 II. PUBLIC HEARINGS: ( Cont 'd. ) i1. 0 City Engineer recommended curb and gutters when people were against it. Mr. Jullic explained. T:r. Robert Harley asked what the policy was for are apron on concrete driveways and Mr. Jullie said they replace the portion removed. Mr. Paul i.lbrecht suggested this project proposal, be held over to the January 7 meeting so people affected would have a chance to discuss it. Mayor Osterholt asked Mr. Jullic why he recommends curb and gutters for Lochanburn «ddition and not Lotus View Road. Mr. Jullic: said now was the time to do it in Loehanburn as the roadways will have; to be restored anyway. Lotus View Road is private and there was no sentiment for upgrading the street by the residents. F Penzel moved to adopt Resolution No. 917 with the following exceptions; Item Al. be corrected to read "with concrete curb and gutters as an option. . ." ; Item C. be corrected to read "Duck Lakc; Road"; and direct staff to prepare plans and specifications for the projects and continue the Public Hearin;. Seconded by Pauly. Roll call vote taken with Council Mcnbers Meyers, Pauly, Ponzel and Osterholt voting for the motion and McCulloch voting against . Motion carried. III. ORDINANCES AND RESOLUTIONS : A . First reading of Ordinance No. 278 providina for review of certr�� n, ro cse si na io programs by the a Jn =1I r, amending r Fiance No. . Penzel moved to approve first reading of Ordinance No. 2789 McCulloch seconded. Motion carried unanimously. B. First reading of Ordinance No. 280 regulating fees and charge. or bUSIness 11consest Permits and munlcl]2al sere cas for repealing Ordinance No. 210. Mr. Heinrich presented this matter to the Council. He reported the basic changes are in the Health Ordinance fees. Mr. McCulloch asked the City Manager to outline the basic changes in dollar amounts. Mayor Osterholt asked how the fees were established. Council Minutes -4- December 10, 1974 III. ORDINANCES AND RESOLUTIONS: (Cont' d. ) B. The City Manager responded to questions by Council and said he would make the minor changes requested. Pauly moved to approve the first reading of Ordinance No.2809 Mcyo rs seconded. Motion carried unanimously. C. Second reading of Ordinance No . 279 regulating and author- Izing the sealing defective unsa a or un . censed food Is I cigaretteand chIlUren an rnecani ca vamusemc:nac evccce or w ichceines censecL o not nave a tag or other license insignia affix . Mrs. Pauly asked if gum machin�:s were included. Mr. Perbix explained thatOrdinance No. 250 covers gum machines. Penzel moved to approve second reading of Ordinance No.2799 Pauly seconded. Motion carried unanimously. Penzel moved to direct staff to prepare an ordinance cover- ing the licensing of vending machines other than food such as pinball, amusement devices, etc ., Meyers seconded. Motion carried unanimously. Mr. Sanders said he is in favor of the ordinance suggested and would like to submit sorac suggestions to Council on licensing other businesses such as bowling alleys, saunas, etc IV. REPORTS OF OFFICERSL BOARDS AND COMMISSIONS: A. Report of the Mayor: 1. Ree uQst, b Hennepin Count Finance Director to reconsi der the Eayment of penalties on certa=n assessmer.. s ina ve en y e aye . Mayor Osterholt stated that since the above item ended in a tie vote: when previously presented to Council, the Hennepin County Finance Director asked to have the Council reconsider. No action. r 2 . Discussion of Brocedums regarding the Rin Route project a= pencting special assessment court appea s. Mayor Osterholt suggested appointing a committee from the Council to meet with the principals involved in this Matter to come to sortie conclusion as to the action required of Council either in court or arbitration. Mr. McCulloch stated there is a Resolution as to the policy on this matter. Council Minutes -5- December 10* 1974 IV. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: (Cont•d.) A. Hcpom of the May (Contd.) gr_ 2. The Council members discussed the issue and Mr. Penzel stated the people opposed to this have not presented any viable alternatives. Mr. Perbix said he thought he and staff members should meet with the principals before this matter is brought before the Council. a Penzel moved staff be directed to inform property owners it is the sense of the Council to let no more contracts on the Ring Route until assessncnt appeals have been resolved and at the same time appoint the City Manager, Finance Director, Attorney, Engineer and any miBmbers of Council who volunteer to meet with affected property owners in the first two weeks of January, 1975 at a mutually acceptable date to be arranged by the City Manager, Meyers seconded. Motion carried unanimously. Discussion of Wednesday night activities. Mr. William Garens appeared before Council to present the Park and Rec. Commission's position on Council's decision to attempt to schedule no activities on Wednes- day nights . He stated this is unfair to the taxpayers and unconstitutional and thought the decision was based on religious discrimination. Mrs. Pauly explained the word "attempt" was used to keep the decision from being unduly restrictive. Mayor Osterholt said the decision was not based on religious grounds. Mr. Garens was unsure of where they drawer the line and felt the decision would be less objectionable if worded nor positively, Mr. Robert Han:en stated Hopkins, Minnetonka* and other -zommu ities have Encountered similar problems and have worked then cut. Mr. McCulloch stated the Council was only trying to keep the "status quo". Penzel moved that the Park and Rec. Commission meet with the people in opposition of Wednesday night activities and report the results to the Council* Meyers seconded. Motion carried unanimously. k. Discussion of Joint Meetin& with Chanhassen City Council rr—irr+ riWr�.r��.��.r�wrr•nw. rru ir�.�r_r/r.r rr.rrwi Penzel moved to bring this matter back to Council in Tobruary# 19759 Meyers seconded. Motion carried unani-- ,Ll,:) zsl Y. Council Minutes -6- December 10, 1974 IV. REPORTS OF OFFICERS , BOARDS AND C0141ISSIONS : (Cont'd. ) B. Report of City Engineer: 1. Receive Feasibility Rel2ort for sanitaryY sewer and water- main improvements on center Drive north' north Hill- crestou rt t Project _ . Mr. Perizel asked Mr. Jullie if hc3 had heard from other people in the area who had not previously responded. Mr. Jullie said he hadn't. Mrs. Meyers asked if lateral costs included street restoration and curb and gutters. Mr. Jullie said street restoration was included, but not curb and gutters. Mrs. Meyers asked if the three future lots were above the flood plain. Mr. Jullie stated homes could be accommodated on the lots. HQ also explained the City' s share of the project cost . Penze 1 moved to adopt Resolution No. 922 and change the public hearing to January 14, 1975. Meyers seconded. Roll call vote with Council Members Meyers, Pauly, Penzel, and Osterholt voting for the notion and McCulloch against . Motion carried. 2. Authorize preparation of a feasibility study for upgrading o Scenic Heists Road from i Fc ell Mad to Co. Roaa 4. Mayor Osterholt asked Mr. Jullie if the $3000 for the study would come from the state aid fund and the amount of the fund. Mr. Jullie said it would and the balance was about $2659000. Mrs. Meyers asked why the upgrading would go beyond the point where public improvements had been made . Mr. Jullie explained it was just a temporary overlay as the road was in bad condition and there would be an increase in traffic along this road. Meyers moved to adopt Resolution No. 923s Penzel seconded. Motion carried unanimously. 3 . Consider acquisition rocedure for sanitarZ sewer ease- ment across Lot 7. BLICe IYl opvzcw Acres 3rd Radition. Messrs . Jullie-and Perbix explained to Council. Mrs. Pauly asked about negotiation for this easement. Council Minutes -7- December 10, 1974 t IV. REPORTS OF OFFICERS , BOARDS ;'LND COWUSSIONS: (Cont ' d. ) F B. Report of City Engineer: (Cont ' d. ) 3 . Mr. Jullic said Mr. Sall has been negotiating for the easement document , but has been unable to obtain it from the fee owner and does not have the money to purchase the property. Mr. Perbix said the mechanics of the procedure should work, however, suggested talking to the owner and only use the suggested procedure as a last resort. Meyers moved to direct the City Manager, Engineer and Attorney to contact owner of lot and attempt to negotiate for the easement . McCulloch seconded. Motion carried unanimously. 4. Communication from State Highway Department re ardin is oszt bn OF su us ra -o wa e weep old T.H. 169 and new V.H. 169 at WIllow Creek Road, . Mrs. Meyers asked about the letter from the State Highway Dept. and if they knew about the City's original plans whon they abandoned their plans . Mr. Jullic said the State Highway Dept. told him they have secured other land. Mrs. Meyers asked how nuch acreage was involved. Mayor Osterholt asked about the width of the property. Mr. Jullic stated he did not know the acreage involved, but it was 250 feet at one c;nd and about 500 feet at the other ( south) end. He said the state will have the land appraised and Eden Prairie can then buy it. Meyers moved that the staff communicate to the State the re commendations in the merao from Mr. Putnam dated Nov- ember 26, 1974 and add after buffer space a 100 foot dedication on each side of Nino-Mile Creek and a con- straint of noise. Penzcl seconded. Motion carried unanimously. 5. Resolutions for adjustrccnt of Municipal Statue id (MSk) nf.leage. 1. Penzel moved to adopt Resolution No. 9200 McCulloch sccondcd. Motion carried unanimously. 2. Pauly moved to adopt Resolution No. 9219 Meyers sccondcd. Motion carried unanimously. Council Minutes -8- December 10, 1974 IV'. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS : ( Contd. ) B. Report of City Engineer: (Cont • d. ) 6. Receiv_ eRe_tition from property owners on Beach Road and Beach CircleCircle in the Covep lor sanitar sewer cast estimate , McCulloch moved to receive petition and. direct City Engineer to update previous cost estimates for lateral service to this area and relay such i.nfornation to the petitioners for their consideration. Penzel seconded. § Motion carried unanimously. f C . Report of Public Safety Director: h 1. Discussion of Emergency Plan for the City of Eden Prairie. Mr. Heinrich presented for Council consideration, a rec- onmended er_iergoncy plan for the City and reported that State Statutes require Council adopt such a plan. i r Council members que:stioncd Messrs. Hacking and Wall regard- ing the plan and whether the mutual aid agreements were up to date . Mr. Wall stated the agreements were current. (� Mr. Penzel asked about the: cost for sirens and stated the Jaycees have offered to pay for part of the cost. Mr. Wall estimated the cost to be $6500 for one rig and poly: and that the City n. eds nine. Meyers moved to approve the Emergency Plan for the City of Eden Prairie and suggested more recent copies of r::ci- procal agreements be substituted into the official docu- ment. Penzel seconded. Motion carried unanimously. McCulloch moved that Public Safety Department prepare specifications and costs for rigs and sirens as soon as possible . Penzel seconded. Motion carried unanimously. D. Report of City Manager: 1. Discussion of Health Ordinance. Mr. Heinrich presented the administrative plan to imple- ment the Health Ordinance and unless there was action to the contrary, the plan would be put into irunediate effect. Mr. McCulloch asked if the costs were: per year for Each establishmcnt . Mr. Heinrich said they were. Mayor Osterholt stated he talked to a party who will test tho water for churches and charitable organizations free of charge. Also, asked if four annual inspections were necessary. Council Minutes -9- December 10, 1974 a g IV. REPORTS OF OFFICERSI, DO:.PDS :.*dD (COMMISSIONS: (Cont i d. ) D. Report of City Manama (Coat' d. ) 2. Mr. Heinrich stated Mr. Geiger is in uniform and working, and requested permission to pay hin for his services at the established rate. Pauly moved to cor►pensatc Mr. Geiger for his services at the established rate , Penzel seconded. Roll call vote taken and motion carried unanimously. E. Report of Finance Diroctor: 1. Authorizing the mountin of pumE and tank on new truck c assis to bc er orme 4 ors ner ire rue era any o e ia, innesota, Mr. Heinrich explained the Forstner Fire Truck Conpany was Bost suited for this work and the: money to pay for the mounting would con- o from the sale of a truck in Public Works, Mayor Osterholt asked if this item should bu put up for bid. Mr. Heinrich explained an itom did not have to be put up for bid if it was under $5000 and the Council approved the expenditure. He astinated the mounting would cost about $1500. Penzel moved to authorize the mounting of pump and tank by Forstner Fire Truck Company not to exceed $150D. Pauly seconded. A roll call vote was taken and the motion carried unanimously. 2. Clerk's License List . P i 1 0 ` 4 r t Mr. Penzel asked if there had been any further con,=ni— cation from Dutch's Resort since Mr. Hacking wrote: to � hire in June of 1974. Mr. Wall stated there had not been any further cow i— cation and would not recommend denying the license at this time . Mr. Albrecht stated his wife worked at Dutch' s and the owner had taken steps to comply with the law and would not allow children under 1$ to loiter there after 9 PM. Penzel moved to approve the list including Eden House subject to memo signed by Messrs. Hacking, Heinrich and Franc; and the necessary papers with fees received from the Eden House, Meyers seconded. Motion carried unanimouc Council Minutes -10- De cember 10, 1974 IV. REPORTS OF OFFICERS ,, BOARDS, AND COMMISSIONS: (Cont• d.) E. Report of Finance Director: (Cont' d. ) 3 . Paynent of Claims Nos. 5536-5655. Mr. Fran: answered questions by Council members regard- ing various claims . Penzol moved to approve payment of claims Nos . 5536-5655 , Moyers seconded. Roll call vote taken and motion carried unanimously. D. Report of City Manager:_ Uiddendun to Agenda) 3 . 1975 Lawton Grant Application. Mr. Heinrich presented to Council and explained the neces- sity of Resolutions Nos. 924 and 925 . Mrs. Meyers moved to adopt Resolution No 924 amended to read Mayor and City Manager to sign***, Penzel seconded. Motion carried unanimously. ? Penzol moved to adopt Resolution No. 9259 Meyers seconded. Motion carried unanimously. V. NEW BUSINESS: i A Meyers - stated the County plans to pave the shoulders of � County Road 75s north of Highway 5, and wondered if it was possible to request the County to give the City the money for the project and have the City put in a proper bikeway. B. Meyers - Request the staff to .make tentative inquiries about using the old bridge on County Road 1 for a bikeway/ped. crossing when new road completed instead of tearing it out. VI. ADJOURNMENT. McCulloch moved to adjourn, Meyers seconded. Motion carried unanimously. Me -ting adjourned at 11:10 PM.